DeKalb County School District ITB No. 17-752-045 Gym Floor Maintenance, Repair, Recoat and Re-finishing Services Project # Not Applicable April 13, 2017 Page 1 of 35

DeKalb County Board of Education Operations Division Sam A. Moss Service Center 1780 Montreal Road Tucker, GA 30084-6705

INVITATION TO BID www.dekalb.k12.ga.us

Date of Invitation: April 13, 2017 This Invitation to Bid includes 35 pages

SEALED BIDS SHOULD BE ADDRESSED TO THE DEKALB COUNTY SCHOOL DISTRICT 1780 MONTREAL ROAD, TUCKER, 30084

Project Title: Gym Floor Maintenance, Repair, Recoat and Re-finishing Services Solicitation Number 17-752-045 Project Number: Not Applicable

Solicitation Timeline Summary EVENT DATE(S) TIME LOCATION http://www.dekalbschoolsga/solicitations/ and Solicitation Opens April 13, 2017 www.demandstar.com Sam A. Moss Center, 1780 Montreal Rd. Optional Pre-Bid Conference April 20, 2017 10:00 AM Tucker, GA 30084 Contact Adrein Walker to schedule: 678-676-1744 Optional Site Visits April 14–20, 2017 TBA or [email protected]

Final Questions Due April 26, 2017 2:00 PM [email protected]

http://www.dekalbschoolsga/solicitations/ and Final Addendum May 1, 2017 2:00 PM www.demandstar.com Bid Due Date & Time Sam A. Moss Center, 1780 Montreal Rd. May 11, 2017 2:00 PM (Public Opening) Tucker, GA 30084 Evaluation of Bids May 11–12, 2017 Anticipated Board Review and June 12, 2017 Approval

Anticipated Notice of Award June 19, 2017

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Table of Contents

I. INSTRUCTIONS TO BIDDERS II. DEFINITIONS III. GENERAL TERMS AND CONDITIONS IV. PROTEST PROCEDURES FOR OPERATIONS DIVISION CONTRACT AWARDS

Owner’s Standard Forms (included with ITB): Attachment A Contractor’s ITB Checklist (2 pages) Attachment B1 Corporate Certificate (1 page) Attachment B2 Partnership Certificate (1 page) Attachment B3 Entity Certificate (1 page) Attachment C Subcontractor Listing (1 page) Attachment D Offeror’s and Individuals’ Affidavit of Noncollusion (2 pages) Attachment E Conflict of Interest Disclosure Form (2 pages) Attachment F Form of Consent to Release Information (1 page) Attachment G Vendor Reference Form (1 page) Attachment H Suspension and Debarment Certification (1 page) Attachment I Bid Form (3 pages) Attachment J Immigration and Security Certification (2 pages) Attachment K Bid Delivery Label (1 page) Attachment L No Submittal Response Form (1 page)

Owner’s Project Specific Information (separate file from ITB) Appendix A Owner’s Preliminary Program Narrative (4 pages) Appendix E Standard Form of Contract for Services (Non-Capital Outlay Services)(20 pages) Appendix F Subcontractor Affidavit of Noncollusion (1 page) Appendix G Performance Bond (3 pages) Appendix H Payment Bond (4 pages)

DeKalb County School District ITB No. 17-752-045 Gym Floor Maintenance, Repair, Recoat and Re-finishing Services Project # Not Applicable April 13, 2017 Page 3 of 35

I. INSTRUCTIONS TO BIDDER

A. EXAMINATION AND ACQUISITION BID DOCUMENTS

Invitation to Bid (“ITB”) documents will be available April 13, 2017, and may be obtained from the DeKalb County School District website at http://www.dekalbschoolsga.org/solicitations/. This Invitation to Bid is based upon the attached Owner’s Criteria and Narrative Scope of Work, which is incorporated herein by reference.

B. PRE-BID CONFERENCE

A pre-bid conference will be held on Thursday, April 20, 2017 at 10:00 a.m. in the Stokes Conference Room at the Sam A. Moss Service Center, 1780 Montreal Road, Tucker, Georgia 30084. Attendance is not mandatory but strongly encouraged.

C. OPTIONAL SITE VISITS

Site visits are optional and can be scheduled by contacting Mrs. Adrein Walker-Brown at 678-676-1744 or [email protected]. Site visits may be scheduled on April 14, 2017 and April 17-21, 2017.

D. RECEIPT OF BID PACKAGE PUBLIC OPENING

1. The original and two (2) copies of the Bid along with and one (1) electronic copy on a flash drive or CD, must be received at the DeKalb County School District, Operations Division, Sam A. Moss Service Center, 1780 Montreal Road, Tucker, Georgia 30084 no later than the date and time (determined by the date/time card stamp of the DCSD Facilities Procurement Services Department) set forth in the “Invitation to Bid.” The bids will be publicly opened and read at the time and place set forth in the Invitation to Bid.

It is the sole responsibility of the bidder to ensure timely delivery of the bid submittal. The respondent is responsible for allowing adequate mailing or delivery time in order for their proposal to be delivered by the specified due date and time. Offers by telegram, facsimile machine, or telephone will not be accepted. Bids will be time and date stamped upon receipt at the address listed above. The exact time of receipt is determined by the date/time stamp. Any Bids received after the designated time and date will be deemed late and will not be accepted by DCSD.

2. Responses must be on the forms furnished within this Invitation to Bid and completed in their entirety. All bids must be submitted on the attached bid form. The bid form is Attachment I of this ITB.

3. Bids must be submitted in a sealed envelope with Attachment K Bid Delivery Label completed and affixed to the exterior of the package.

E. BID SUBMISSION

1. Bidders are instructed to carefully read all terms, conditions and specifications as set forth in the Invitation to Bid. Responses must be either typed or written in ink. Any correction made on the bid form (white out or strike through) must be initialed by an authorized representative of the company submitting the bid or the bid may be rejected by DCSD. Each bidder is required to furnish all information requested in the ITB.

2. Each bidder is responsible for having knowledge and understanding of any Federal laws, Georgia laws, Department of Education regulations or policies, and DCSD policies and/or regulations pertaining to DCSD procurement.

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3. DCSD assumes no responsibility or obligation to the bidders and will make no payment for any costs associated with the preparation or submission of a bid response. This provision applies whether or not a dispute arises.

4. All bids submitted become the property of the DCSD and are subject to applicable open records policies and laws.

F. FINANCIAL INFORMATION

The vendor’s financial capability is to be expressed in the financial statement (audited financial information current within the past twelve months, such as a balance sheet and statement of operations) and should indicate the resources and the necessary working capital to assure financial stability through the completion of the projects. A certified audit is preferred; however, the vendor’s most recent tax return and balance sheet will be accepted.

G. REFERENCES

Bidder shall provide a minimum of three (3) client references for which the bidder has fulfilled a project of similar scope and complexity as this Invitation to Bid. Bidder shall include the following information with the client references: company name, contact person, company address, telephone number, and email address. Submit references using the form provided as Attachment G. FAILURE TO PROVIDE THIS INFORMATION WITH THE BID RESPONSE WILL CAUSE THIS BID TO BE NON-RESPONSIVE AND REJECTED.

H. BUSINESS LICENSE

Bidders shall submit with their Bid, a copy of their valid company business license. If the Bidder is a Georgia corporation, Bidder shall submit a valid county or city business license. If the Bidder is not a Georgia corporation, Bidder shall submit a certificate of authority to transact business in the state of Georgia and a copy of their valid business license issued by their home jurisdiction. If Bidder holds a professional certification which is licensed by the state of Georgia, Bidder shall submit a copy of their valid professional license. Any license submitted in response to this requirement shall be maintained by the Bidder for the duration of the contract. Provision of copy of business license is a mandatory requirement (include with Required Forms).

I. INSURANCE REQUIREMENTS

A Certificate of Insurance and/or ACORD form is required with solicitation submittal. Provision of Certificate of Insurance is a mandatory requirement (include with Required Forms). Bids submitted with certificates of insurance will be considered conditionally responsive to the insurance and indemnification requirement. Final award of this ITB will be contingent upon receipt within five (5) business days of request for insurance documentation complete with the following requirements. In the event the awarded Respondent cannot produce insurance coverage acceptable to the DCSD within the time provided, DCSD reserves the right to award this solicitation to the next highest ranked firm. Please refer to Article 19 and Exhibit “A” of the Contract for required Insurance.

J. NON-COLLUSION

Bidders shall fully certify that they, as an individual or as engaging official of a formal business entity have not entered into any agreement, participated in collusion or otherwise taken any action in restraint of free and competitive responses to this bid. Further, bidders guarantee that their bid response is not made in conjunction with or on behalf of another party and that they have not been directly or indirectly induced in any manner or taken any action to result in a restriction of trade or in an unfair advantage.

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As a part of the response to this ITB, the contractor shall submit with its proposal an affidavit in the form of the Offeror’s and Individuals’ Affidavit of Noncollusion included in the Bid Documents as Attachment D. If the bidding contractor is a partnership, all of the partners and any officer, agent, or other person who intend to represent or act for them in bidding for or procuring the Contract for the Project shall also sign the affidavit. If the bidding contractor is a corporation or other entity, all officers, agents, or other persons who intend to act for or represent the corporation or other entity in proposing for or procuring the Contract for the Project shall also sign the affidavit.

The Subcontractor’s Affidavit of Noncollusion is included with the Bidding Documents as Appendix F. Not later than simultaneously with the execution of the Contract, the successful contractor shall deliver to the Owner the completed and executed Subcontractor’s Affidavit of Noncollusion in accordance with O.C.G.A. § 36-91-21(e). The contractor awarded the contract shall require every Subcontractor from whom the contractor received a bid or proposal to complete and sign the Subcontractor’s Affidavit of Noncollusion.

K. CONFLICT OF INTEREST

Bidders must disclose with their bids the name of any officer, director or agent who also is a DeKalb County School District employee or Board Member. Bidders must disclose the name of any DeKalb County School District employee or Board Member who owns, directly or indirectly an interest in the bidder’s firm or any of its’ branches. Bidders shall certify that this bid response is impartial, at arms-length and free of any conflict of interest, unfair advantage or personal benefit to any DeKalb County School District official.

L. FORM OF CONTRACT

If awarded the subject contract, the bidders will be required to sign the Standard Form of Contract for Services. A copy of the contract form is provided with this ITB as Appendix E.

M. BASIS OF AWARD

Award will be made to the lowest responsive and responsible bidder meeting all specifications and requirements. The bidder(s) who submits the lowest price, whose bid meets the specifications, terms, and conditions set forth in the Invitation to Bid, and who is clearly capable of delivering the product(s) or service(s) specified, will be recommended to the Board for approval.

The DCSD reserves the right to accept or reject any part of a submitted bid, to accept the entire bid from one bidder, to accept portions of the bid from several bidders, or to reject all bids submitted or waive any minor irregularity. The DCSD reserves the right to award the bid under the most beneficial economic terms for the DCSD.

N. BID PRICES Bid prices will be held firm and remain open for acceptance for ninety (90) days from the time and date of the bid opening, except as expressly provided by law.

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O. BID SECURITY

As security, the bid must be accompanied by a BID BOND, on the form required by DCSD for an amount not less than five percent (5%) of the bid if the bid is $100,000 or more (including the base bid plus any possible combination of alternates that could result in an award of $100,000 or more). A Bid Bond submitted using an AIA document is unacceptable and shall result in your bid being deemed non-responsive. The attorney- in-fact who executes the Bid Bond on behalf of the surety shall affix to the Bid Bond a certified and current power of attorney. The surety must be satisfactory to the Owner, and must be licensed to do business in Georgia as approved by the State Insurance Commissioner’s Office. No other form of bid security will be accepted

P. PERFORMANCE AND PAYMENT BONDS

Performance and Payment Bonds from a surety satisfactory to DCSD must be furnished by the bidder awarded the contract in an amount not less than 100 percent (100%) of the contract price if the contract price is $100,000 or more.

Q. PERMITS

The successful contractor shall obtain all federal, state and local permits required for the Project, if any.

R. RIGHTS OF WAY AND EASEMENTS

All rights of way and easements anticipated for the Project, if any, have been obtained.

S. BID CONTACT

It is intended that this ITB be adequate for any vendor to respond the DeKalb County School District requirements. However should Bidders have questions, all questions should be submitted electronically via email to the Procurement Manager, at [email protected].

The deadline for receipt of vendor questions is stated within the Solicitation Timeline Summary on page 1 of this ITB. Questions received after the deadline time will not be considered.

Questions received by the deadline time will be answered in writing and posted to the website http://www.dekalbschoolsga.org/solicitations/ no later than the date and time listed for Final Addendum under the Solicitation Timeline Summary on page 1 of this ITB.

No response other than written, and issued on behalf of the Procurement Manager, will be binding upon DCSD.

The assigned contact person for this bid is Adrein Walker at (678) 676-1744 or by email at [email protected].

T. COMMUNICATIONS WITH DCSD STAFF

With the exception of the assigned contact person for this bid, all bidders, including any persons affiliated with or in any way related to bidders, are strictly prohibited for contacting DeKalb County School District on any matter having to do in any respect with this bid, other than as provided herein. Any and all contacts with such persons associated with DeKalb County School District shall be in writing, in appropriate circumstances or cases, as directed by the contact person above. Except as expressly provided in, or permitted by, the bid documents, for the date of issuance of the Invitation to Bid until final DeKalb County Board of Education action of approval of contract award, the bidder submitting a bid shall not initiate any communication or discussion concerning this

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procurement with any employee, agent, representative or member of the Board of Education for DeKalb County School District. Any violation of this restriction may result in the rejection of the bid response.

U. ADDENDA

It is the vendor’s responsibility to check the DCSD Current Solicitations website at http://www.dekalbschoolsga.org/solicitations/ or www.demandstar.com for any addenda, responses to vendor questions, or other communications which may be necessary during the solicitation period.

The Board of Education reserves the right to reject any and all bids and to waive technicalities and informalities.

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II. DEFINITIONS

A. Bidding Documents - the Advertisement for Bids, the Instructions to Bidders, the Bid Form, the form of Bid Bond (if required), the form of Subcontractor Listing, the form of Corporate Certificate, the form of Partnership Certificate, the form of Entity Certificate, the form of Bidder’s and Individuals’ Affidavit of Noncollusion, the Standard Form of Contract for Services, the form of Performance Bond (if required), the form of Payment Bond (if required), all other proposed contract documents, and any Addenda issued prior to Bid opening.

B. Addendum - Written or graphic instruments issued prior to the date for opening of bid, which modify or interpret the Bid Documents by additions, deletions, corrections or clarifications.

C. Collusion - A secret agreement among bidders to circumvent laws and regulation when submitting bids and offers in an attempt to win contracts by illegal means or methods.

D. Contract - A formal written agreement between the owner and a vendor for providing goods and services.

E. DCSD – For the purposes of this proposal, DCSD shall mean “DeKalb County School District” and “The District”.

F. Invitation To Bid (ITB) – A written competitive sealed bid process, in which award is usually made to the lowest responsible and responsive bidder.

G. Lobbying – Lobbying is defined as any action taken by an individual, respondent, association, joint venture, partnership, corporation, and all other groups who seek to influence the decision of a Board Member or District Personnel, as it relates to formal solicitations.

H. Notice of Award – The written notice of the acceptance of the Bid from DCSD to the awarded respondent.

I. Notice to Proceed – The written notice issued by DCSD to the awarded respondent authorizing them to proceed with the work and establishing the date of commencement of the contract time.

J. Owner – For the purposes of this proposal, Owner shall mean DeKalb County Board of Education.

K. Respondent – For the purposes of this bid, any person, respondent, corporation or agency submitting a response to this Invitation to Bid or their duly authorized representative. The word bidder, vendor, offeror or respondent may be used interchangeably within the Invitation to Bid.

L. Responsible Respondent – Respondent who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

M. Responsive Respondent – Respondent that has submitted a bid that conforms in all material aspects of the solicitation.

N. Scope of Work – Includes the Work, as the term herein defined, as well as the responsibility of performing and complying with all incidental matters pertaining thereto, as set out in the Contract Documents.

O. Specifications – A description of what the owner seeks to buy and what a bidder must be responsive to in order to be considered for an award of a contract.

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III. GENERAL CONDITIONS

A. AWARDS

Award will be made to the lowest responsive and responsible bidder(s) meeting all specifications and requirements. The bidder(s) who submits the lowest price, whose bid meets the specifications, terms, and conditions set forth in the Invitation to Bid, and who is clearly capable of delivering the product(s) or service(s) specified, will be recommended to the Board for approval. The DCSD reserves the right to award to more than one bidder. Award of bids will be made in the best interest of DCSD.

This contract shall be for one (1) year from the effective date. In addition to the base period of one (1) year, there are four (4) one-year optional renewal terms (each a “Renewal Term”) to be exercised at the sole discretion and approval of the DeKalb County School District.

B. CONTRACT TERMS

Appendix E is DeKalb County School District’s Standard Form of Contract for Services between the DeKalb County Board of Education and the Contractor; Version 3.2015, which specifically outlines the contractual responsibilities. All responders should thoroughly review the documents prior to submitting a proposal. Any proposed revisions to the terms or language of this document must be submitted in writing with the responder’s response to the request for proposals. Since proposed revisions may result in a proposal being rejected if the revisions are unacceptable to the DeKalb County School District, responders should review any proposed revisions with an officer of the Firm having authority to execute the contract. No alterations can be made in the contract after award by the DeKalb County School District.

C. ILLEGAL IMMIGRATION REFORM AND ENFORCFEMENT ACT OF 2011

The Illegal Immigration Reform and Enforcement Act of 2011 applies to and is a requirement for all DeKalb County School District solicitations for physical performance of services. The Immigration and Security Certification form must be completed, notarized and returned with your bid. The remaining forms are attached as Exhibits to Appendix E – Standard Form of Contract for Services and will be required to be completed and returned with the contract.

D. COMPLIANCE

Final inspection of all products/services for acceptance or rejection will be made by DCSD. Final inspection resulting in acceptance or rejection of the products/services will be made as soon as practicable, but failure to inspect shall not be construed as a waiver by DCSD of its rights to reject such products/services or to claim reimbursement or damages for such products/services which are later found to be defective or not in conformance with the required specifications.

E. CANCELLATION Awards, contracts, and extensions may be cancelled for convenience by DCSD at any time. In the event of termination of this contract by DCSD, the DCSD will be responsible only for those items and or services that have been delivered and accepted according to the bid specifications and will not be responsible for any claims for damages, including but not limited to, claims for list profits.

F. ASSIGNMENT OF AWARD The successful Respondent may not assign the award or contract to or subcontract with another party without the express written permission of DCSD.

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G. TAXES

Purchases made by DCSD are not subject to federal, state, or local sales tax. A Sales Tax Exemption Certificate will be furnished upon request.

H. NON-DISCRIMINATION

DCSD does not discriminate on the basis of race, color, religion, sex, national origin, age, or disability in any of its employment practices, education programs, services or activities.

DCSD supports an open, fair, and impartial free-market system which maximizes competition and seeks to include all responsible businesses and to provide ample opportunities for business growth and development. Minority businesses are encouraged and given the opportunity to bid on various projects; however, all responses will be evaluated on the same criteria. It is not the intention or desire of DCSD to restrict or impede competition, nor to increase the cost of the work.

I. DRUG-FREE WORKPLACE

By submission of a response to this Bid, the bidder certifies that he/she and his/her employees will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substance or drugs on school district property during the performance of the contract.

J. SMOKE-FREE WORKPLACE

By submission of a response to this Bid, the bidder certifies that he/she and his/her employees will not use tobacco products on school property at any time during the performance of this contract.

K. SUSPENSION AND DEBARMENT

By submitting this bid, the bidder certifies that the bidding company and/or its principals have not been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction by any Federal or State department or agency and that the bidder complies with all applicable orders, rules and regulations related thereto.

Further, by submitting this bid, the bidder certifies that all lower tier participating individuals and/or company(s) and all respective principals of lower tier participants have not been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction by any Federal or State department or agency and that the bidder complies with all applicable orders, rules and regulations related thereto.

The certification placed herein is a material representation of fact upon which reliance will be placed as bid submissions are evaluated and any transaction is entered into. If it is later determined that the prospective bidder has knowingly rendered an erroneous certification, the DeKalb County School District may pursue all available remedies, including but not limited to suspension and/or debarment.

The bidder shall provide immediate written notice to the DeKalb County School District Operations Division Procurement Department if at any time the prospective bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The bidder agrees by submitting this form that, should the proposed transaction be entered into, the prospective bidder shall not knowingly enter into any lower tier transaction with a person or entity that is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this transaction.

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L. GEORGIA OPEN RECORDS ACT

Without regard to any designation made by the person or entity making a submission, DeKalb County School District considers all information submitted in response to this invitation or request to be a public record that may be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. 50-18-70 et seq., without consulting or contracting the person or entity making the submission, unless a court order is presented with the submission. You may wish to consult an attorney or obtain legal advice prior to making a submission.

M. VENDOR EMPLOYEES ON DCSD PROPERTY

All Vendor employees, agents and subcontractors working on DCSD property must wear ID, preferably a photo ID, and be neat and clean in appearance, and must comply with all of the policies and procedures related to on- campus work that are in effect at the school or administrative site, as the case may be. Vendor shall provide and institute necessary security measures to prevent unauthorized access to any and all computer networks and Proprietary Information, trade secrets or Student Information of DCSD by any of its employees or agents, and Vendor shall be liable and responsible to DCSD for any and all security breaches by its employees or agents.

N. AMENDMENTS IN WRITING

No amendment of any term or condition contained in this contract, including the Bid and Vendor’s Response shall be effective unless it is in writing and signed by duly authorized representatives of the parties. No representation, request, instruction, directive or order, made or given by any official, employee or agent of DCSD, whether verbal or written, shall be effective to amend this agreement or excuse or modify performance hereunder unless reduced to a formal amendment and executed as set forth above. Vendor shall not be entitled to rely on any such representation, request, instruction, directive or order and shall not, under any circumstances whatsoever, be entitled to additional compensation, delay in performance or other benefit claimed for relying upon or responding to any such representation, request, instruction, directive or order.

O. INDEMNIFICATION

The Contractor shall indemnify and hold the Owner harmless from any and all claims, liability, damages, loss, liens, costs and expenses of every type whatsoever including, without limitation, attorneys' fees and expenses, arising out of or in connection with the Contractor's performance of this Contract and the Work, to the extent caused by the Contractor, or anyone for whose acts the Contractor is or may be responsible or liable, regardless of whether such liability, claim, damage, loss, cost or expense is caused in part by the Owner. The Contractor shall not indemnify or hold harmless the Owner against claims for damages, losses, or expenses, including attorneys’ fees, caused by or resulting from the sole negligence of the Owner, or its officers, agents or employees; provided, however, this indemnification obligation shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or its subcontractors, sub- subcontractors, or suppliers under workers’ compensation acts, disability benefit acts or other employee benefit acts.

P. COMPLIANCE WITH LAWS

This ITB and subsequent agreements are subject to the laws of the State of Georgia. All items or services furnished must comply with applicable federal, state, and local laws, codes, and regulations.

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Q. BACKGROUND CHECKS

A criminal background check must be performed on all contractors, consultants, subcontractors, volunteers and vendors (hereinafter jointly referred to as "Individuals") who provide services on DCSD premises, supervise services on DCSD premises, or has contact with students. These Individuals shall undergo the same criminal background check, within the last 365 days, as required by DCSD employees. Such background checks will be performed by DCSD at the expense of the Individual at a cost of $45.00 per individual. Additionally, any charges against the Individual, may be deemed unacceptable in DCSD’s sole discretion regardless of whether dismissed, expunged, sealed, removed from the record, treated as a “first offender” or dead docketed. Upon receipt and evaluation of DCSD’s background check results, DCSD may demand that the Individual have no contact with DCSD students or parents, or provide services to DCSD premises. Any failure of the contractor to obtain a criminal records background check through DCSD, as stated herein, may result in termination of any resulting contract between contractor and DCSD.

R. RESPONDENT PERFORMANCE

The successful Respondent is required to perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of this ITB document and any negotiated contract(s). Failure of the Respondent to fully perform these obligations may result in cancellation of the award and contract.

DCSD will look to the Respondent and his/her identified personnel to coordinate and deliver the services described in this ITB. The obligations of the contract shall not be delegated to subcontractors or assigned to any third party.

S. COSTS INCURRED

DCSD is not liable for any costs incurred by a Respondent in preparing and/or submitting a response to this ITB or for any interview if requested. Any and all costs incurred by the Respondent in preparing and/or submitting a response to this ITB shall be the sole responsibility of the Respondent and shall not be reimbursed by DCSD.

T. PERMITS AND APPLICABLE LAW

Respondents shall at their own expense obtain all necessary permits, certifications, and licenses and shall comply with all applicable local, state, and federal laws, ordinances, rules, and regulations necessary to fully execute the requirements stated herein. Respondents shall maintain all such permits, licenses, certifications, and compliances in a current status throughout the course of the contract. Respondents shall submit copies of permits, licenses, and certifications evidencing proof of the aforementioned immediately upon request of DCSD. Respondents shall be in compliance with registration with the Georgia Secretary of State’s office as applicable.

U. CONFIDENTIALITY AND NON-DISCLOSURE

Information made available to Respondents by DCSD shall be used only for purposes related to responding to this ITB and shall not be used for any other purpose without the express written permission of DCSD.

Respondents to this ITB unequivocally agree to assume responsibility for protecting and safeguarding the confidentiality of DCSD records that are not public information. Such information may include, but is not limited to student and human resource file contents.

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V. RIGHTS RESERVED

DCSD reserves the right to accept or reject any and/or all parts of responsive bids received and/or to reject all bids submitted. DCSD reserves the right to award any resulting contract in the manner that is in the best interest of and most advantageous to DCSD. DCSD reserves the right to waive any technicalities or minor irregularities in responses received and to award the contract in the most beneficial manner for DCSD. The decision of DCSD shall be final.

W. CONDITIONAL PROPOSALS

Bids that are conditional and/or in any way qualify or vary the terms of these instructions, conditions, and specifications shall be considered non-responsive and disqualified.

X. RESPONDENT FAILURE

In the event services to be furnished by the successful Respondent should for any reason fail to conform to the scope of work contained herein, DCSD reserves the right to reject the services and further reserves the right to terminate the contract.

Failure of the successful Respondent to perform contracted services may also result in the removal of that Respondent from doing business with DCSD for a period of not less than one year.

Y. SPECIAL TERMS AND CONDITIONS

Should these General Terms and Conditions be in conflict with the attached Special Terms and Conditions, the Special Terms and Conditions will prevail.

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IV. PROTEST PROCEDURES FOR OPERATIONS DIVISION CONTRACT AWARDS

Protest Process. This section describes the mandatory administrative procedure whereby Offerors submitting sealed competitive bids/proposals (hereinafter referred to as “bidders”) to DCSD directly related to design and construction, for proposals worth $100,000 or more may challenge the solicitation process, and whereby bidders/Offerors on sealed competitive bids directly related to Facilities Management for proposals worth $100,000 or more, may challenge contract awards.

1. Protests. A bidder may file a written protest challenging DCSD’s compliance with applicable procurement procedures subject to the bidder’s compliance with the provisions outlined below. Any such written protest will be resolved in accordance with these provisions.

2. Types of Challenges. Any bidder interested in and capable of responding to a competitive solicitation may file a protest with respect to the competitive solicitation process including, but not limited to, a challenge to specifications or any events or facts arising during the solicitation process. Any bidder submitting a timely bid/proposal in response to a competitive solicitation may file a protest with respect to DCSD’s intended or actual contract award including, but not limited to, events or facts arising during the evaluation and/or negotiation process.

3. Form of protest. At a minimum, the written protest must include the following: a. the name and address of the protestor; b. appropriate identification of the solicitation; c. a statement of reasons for the protest; d. supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time (in which case the Offeror must proceed to file the protest during the filing period identified below but state the expected availability of the material); and e. the desired remedy.

DCSD, at its discretion, may deem issues not raised in the initial protest as waived with prejudice by the protesting Offeror.

4. Filing Protests. A protest is considered to be properly filed when it is in writing, signed by a company officer authorized to sign contracts on behalf of the Offeror, and is received by the Design and Construction Department. The protest may be sent by any of the following means:

MAIL: Attention: Mr. Joshua L. Williams Chief Operations Officer DeKalb County School District Sam A. Moss Service Center 1780 Montreal Road Tucker, Georgia 30084

FAX: (678) 676-1475

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The Offeror must observe the following deadlines when filing a protest: Type of Protest Protest Filing Deadline Challenge to Competitive Solicitation Process Two (2) business days prior to the closing date and time of the solicitation as identified on the Invitation to Bid. Challenge to an Intended or Actual Contract In the event DCSD posts a Notice of Intent to Award Award (“NOIA”), the protest must be filed within ten (10) calendar days of the date the NOIA is posted. In the event DCSD does not post a NOIA, the protest must be filed within ten (10) calendar days of the date the Notice of Award (“NOA”) is posted.

If a bidder fails to file a protest by the applicable deadline, such failure shall be deemed as a waiver with prejudice of any grounds the bidder may have for protest.

5. Stay of procurement during protest review. When a protest challenging the competitive solicitation process has been timely filed at least two (2) business days prior to the closing date and time, the solicitation shall not close until a final decision resolving the protest has been issued, unless the facilities management department makes a written determination that the closing of the solicitation without delay is necessary to protect the interests of DCSD.

When a protest challenging an intended contract award has been timely filed, DCSD shall not proceed to actual contract award unless the Design and Construction Department makes a written determination that the issuance of a contract or performance of the contract without delay is necessary to protect the interests of DCSD. If it is determined that it is necessary to proceed with contract performance without delay, the bidder/Offeror with this contingent contract may proceed with performance and receive payment for work performed in strict accordance with the terms of the contract. The provisions of this paragraph are not applicable to a protest pertaining to events or facts arising during the solicitation process.

6. Protest Resolution. The Facilities Management Department shall review and issue a written decision on the protest within seven (7) business days. This decision shall be deemed final. Available remedies for sustained protests are as follows:

. If a protest is sustained prior to the closing date and time of the solicitation, available remedies may include, but are not limited to, the following: modification of the solicitation document including, but not limited to, specifications and terms and conditions; extension of the solicitation closing date and time (as appropriate); and cancellation of the solicitation.

. If a protest of the intended/actual contract award is sustained, available remedies may include but are not limited to, the following: revision or cancellation of the NOIA/NOA, re-evaluation and re-award, or re- solicitation with appropriate changes to the new solicitation.

7. Costs. In no event shall a bidder be entitled to recover any costs incurred in connection with the solicitation or protest process, including, but not limited to, the costs of preparing a bid/proposal, the costs of participating in the protest process, or any attorney fees.

(END OF ITB – SEE ATTACHMENTS AND APPENDICES)

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ATTACHMENT A: CONTRACTOR CHECKLIST AND CERTIFICATION

The undersigned, hereby acknowledges having received Invitation to Bid (ITB) No. 17-752-015 for; Asphalt Paving, Striping & Overlay Services containing a full set of documents:

Owner’s Project Specific Information Appendix A Owner’s Preliminary Program Narrative (4 pages) Appendix E Standard Form of Contract for Services (Non-State Capital Outlay Projects)(20 pages) Appendix F Subcontractor Affidavit of Noncollusion (1 page) Appendix G Performance Bond (3 pages) Appendix H Payment Bond (4 pages)

IMPORTANT NOTICE: The omission of any of the required items listed below shall cause the bid submission to be declared non-responsive and to be rejected.

Check Box to Include Confirm Owner’s Standard Forms: with Bid Inclusion Attachment A Contractor’s ITB Checklist (2 pages) YES  Attachment B1 Corporate Certificate (1 page) B1 or B2 or  Attachment B2 Partnership Certificate (1 page) B3 as  Attachment B3 Entity Certificate (1 page) applicable  Attachment C Subcontractor Listing (1 page) YES  Attachment D Offeror’s and Individuals’ Affidavit of Noncollusion (2 pages) YES  Attachment E Conflict of Interest Disclosure Form (2 pages) YES  Attachment F Form of Consent to Release Information (1 page) YES  Attachment G Vendor Reference Form (1 page) YES  Attachment H Suspension and Debarment Certification (1 page) YES  Attachment I Bid Form (4 pages) YES  Attachment J Immigration and Security Certification Form (2 pages) YES  Affix to Attachment K Bid Delivery Label (1 page) exterior of package Attachment L No Submittal Response Form (1 page) N/A

Check Box to Include with Confirm Other Requirements: Bid Inclusion Sample Certificate of Insurance, per Instruction Bidders Item I. YES  Copy of Business License, per Instructions Bidders Item H. YES  Acknowledgement of ALL addenda (if any) below. YES  Electronic Version of bid documents YES 

Indicate Addenda(s) Nos. received (none unless indicated here). The Contractor is responsible for reading and understanding all sections of this ITB, and affirms that the Contractor shall be bound by all of the terms and conditions contained in this ITB.

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Further, the undersigned, being duly sworn, states on oath that no disclosures of ownership have been withheld from the Board, that the information provided herein is current, and Contractor and its officers and employees have not entered into any agreement with any other Contractor or prospective Contractor or with any other person, firm or corporation relating to any prices or other terms named in this ITB or any other ITB, nor has it entered into any agreement or arrangement under which a person, firm or corporation is to refrain from responding to this ITB.

Name of Contractor:

Signature: Printed Name:

Title: Date:

Sworn to and subscribed before me this ___ day of ______, 2_____.

Notary Public: ______My commission expires: __/__/__.

(SEAL)

THE DEKALB COUNTY SCHOOL DISTRICT RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS AND TO WAIVE INFORMALITIES.

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ATTACHMENT B1: CORPORATE CERTIFICATE (Bids)

STATE OF ______COUNTY OF ______

I, ______, certify that I am the Secretary of the corporation named as Contractor in the foregoing bid; that ______who signed said bid in behalf of the Contractor was then ______of said corporation; that said bid was duly signed for and in behalf of said corporation by authority of its Board of Directors, and is within the scope of its corporate powers; and that said corporation is organized under the laws of the State of ______.

______[signature]

______[typed name]

Subscribed and sworn to before me this ___ day of ______, 2_____.

(SEAL)

______Notary Public

My Commission Expires: ___/___/___

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ATTACHMENT B2: PARTNERSHIP CERTIFICATE (Bids)

STATE OF ______

COUNTY OF ______

On this ____ day of ______, 20______, personally appeared

______, who executed the above bid, and being first duly sworn, deposes and says that he or she is a general partner in the firm of

______and that said firm consists of himself or herself and

______and that he or she executed the foregoing instrument on behalf of said firm for the uses and purposes stated therein, and that no one except the above named members of the firm have any financial interest whatsoever in said proposed contract.

______[Affiant’s Signature]

______Partner Partner

______Partner Partner

Subscribed and sworn to before me this ___ day of ______, 2____.

(seal)

______Notary Public

My Commission Expires: ___/___/___

NOTE: If only one partner signs, a Power of Attorney executed by all other partners authorizing him or her to act in the name of the partnership must be attached; otherwise, all partners must sign.

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ATTACHMENT B3: ENTITY CERTIFICATE (Bids)

STATE OF ______

COUNTY OF ______

I, ______, certify that I am the Secretary of the entity named as Contractor in the foregoing bid; that ______who signed said bid in behalf of the Contractor was then ______of said entity; that said bid was duly signed for and in behalf of said entity by due authority, and is within the scope of its legal powers; and that said entity is a ______organized under the laws of the State of ______.

______[signature]

______[typed name]

Subscribed and sworn to before me this ___ day of ______, 2____.

(SEAL)

______Notary Public

My Commission Expires: ___/___/___

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ATTACHMENT C: SUBCONTRACTOR LISTING (Bids)

TO: DEKALB COUNTY BOARD OF EDUCATION ITB No. 17-752-045 hereinafter called “Owner” Project No. Not Applicable

Pursuant to bidding requirements for the Project known as Gym Floor Maintenance, Repair, Recoat and Re- finishing Services, the undersigned proposes to use the following subcontractors for principal portions of the Project:

SUBCONTRACTOR NAME ADDRESS PORTION OF THE WORK CONTACT PERSON TELEPHONE NUMBER

Use Additional Sheets If Necessary

Provide Signature Identical To That BIDDER: ______Shown On The Bid Form [typed proper name of Bidder]

By: ______[signature]

______[name and title]

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ATTACHMENT D: BIDDER’S and INDIVIDUALS’ AFFIDAVIT OF NONCOLLUSION (This affidavit to be executed in accordance with O.C.G.A. § 36-91-21(e))

STATE OF ______

COUNTY OF ______

COMES NOW, ______(“Bidder”), [name of Bidder] appearing by and through ______, it’s ______[insert name of individual with [title] authority to bind Bidder]

(averring both individually and in his or her representative capacity on behalf of Bidder) (the “Individual And

Representative Affiant”), and ______[in these blanks insert the names of all those required to give the oath under O.C.G.A. § 36-91-21(e)]

______

______

______

______

______

______

(collectively, the “Individual Affiants”), and each of the Individual And Representative Affiant and the Individual Affiants, after first being duly sworn, deposes and says that:

1. He, she or it, as applicable, has not directly or indirectly violated subsection (d) of the Official Code of Georgia Annotated Section 36-91-21, which subsection provides as follows:

(d) Whenever a public works construction contract for any governmental entity subject to the requirements of this chapter is to be let out by competitive sealed bid or proposal, no person, by himself or herself or otherwise, shall prevent or attempt to prevent competition in such bidding or proposals by any means whatever. No person who desires to procure such work for himself or herself or for another shall prevent or endeavor to prevent anyone from making a bid or proposal therefor by any means whatever, nor shall such person so desiring the work cause or induce another to withdraw a bid or proposal for the work.

2. If the Bidder is a partnership, then the Individual And Representative Affiant, together with the Individual Affiants, constitute all of the partners and any officer, agent or other person who may have represented or acted for them in bidding for or procuring the contract for the DeKalb County Board of Education Asphalt Paving, Striping and Overlay Services, (the “Project”).

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3. If the Bidder is a corporation or other entity, then the Individual And Representative Affiant, together with the Individual Affiants, constitute all officers, agents, or other persons who may have acted for or represented the corporation or other entity in bidding for or procuring the contract for the Project.

Further, the Individual And Representative Affiant and the Individual Affiants sayeth not.

This ______day of ______, 2_____

______[insert name of Bidder] and ______[insert name of Individual And Representative Affiant]

By: ______, both individually and on behalf of Bidder as its [signature]

______[insert title]

Individual Affiants’ signatures and names: x______x______Name: Name: x______x______Name: Name: x______x______Name: Name: x______x______Name: Name: x______x______Name: Name: x______x______Name: Name:

Sworn to and subscribed before me this ___ day of ______, 2_____.

Notary Public: ______My commission expires: __/__/__. (SEAL)

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ATTACHMENT E: CONFLICT OF INTEREST DISCLOSURE AFFIDAVIT

I HEREBY CERTIFY, UNDER OATH, that 1. I (Printed Name), ______am the (Title) ______and I am the duly authorized representative of the firm of (Firm Name) ______(the “Firm”) for purposes of this Affidavit, whose address is (Firm Address) ______, and I possess the legal authority to make this Affidavit on behalf of myself and the Firm, as follows:

2. The following employee(s), officer(s) or agent(s) of the Firm (collectively, “Firm Representative”) is/are related, by blood or marriage, to an employee, agent or Board Member of the DeKalb County Board of Education (collectively, “Owner Representative”), as indicated below:

Firm Representative Owner Representative Relation ______

3. Except as listed below under “EXCEPTIONS”, neither the Firm nor any Firm Representative have any conflicts of interest, whether real or potential, due to kinship, ownership, other clients, other contracts, interests, or otherwise concerning the DeKalb County Board of Education, the Project or any Owner Representative:

EXCEPTIONS (fully disclose and completely explain)

[Continued on Next Page]

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4. This disclosure is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid, Proposal or qualification statement for the same contract or project, and is in all respects without collusion or fraud.

Wherefore, the foregoing disclosure is fully complete and true, and may be relied upon by the DeKalb County Board of Education:

Signature: ______

Printed Name: ______

Firm Name: ______

Date: ______

Sworn to and described before me this ______day of ______

Personally known: ______

OR Produced Identification: ______

Type of Identification: ______

Notary Public – State of ______

My Commission Expires ______

Affix Notary Seal Here:

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ATTACHMENT F: CONSENT TO RELEASE INFORMATION

The undersigned, having submitted a competitive sealed Bid to the DeKalb County Board of Education in respect of a local government entity public works construction project (or being a partner in a joint venture that has submitted such Bid), hereby authorizes any person or entity having in its possession, custody or control any information regarding the undersigned to fully disclose and make available such information to the DeKalb County Board of Education, its agents, attorneys and other representatives.

This ___ day of ______, 2_____.

______[Printed name of person or entity consenting to release of information]

By: ______

Printed name: ______

Printed Title: ______

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ATTACHMENT G: VENDOR REFERENCE FORM

VENDOR REFERENCES FOR: Insert Company Name

References must be completed by ALL Vendors. It is the vendor’s responsibility to provide COMPLETE and ACCURATE reference information on the form below; completing ALL fields. Failure to do so can result in DCSD being unable to verify vendor’s past work, which may affect DCSD’s determination that the vendor is responsive and responsible. DCSD reserves the right to consider past experience with vendor.

1. ______Company

______Address, City, State, Zip Code

______Telephone Number Fax Number

______Name of Contact Person E-Mail Address

2. ______Company

______Address, City, State, Zip Code

______Telephone Number Fax Number

______Name of Contact Person E-Mail Address

3. ______Company

______Address, City, State, Zip Code

______Telephone Number Fax Number

______Name of Contact Person E-Mail Address

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ATTACHMENT H: SUSPENSION AND DEBARMENT CERTIFICATION

SUSPENSION AND DEBARMENT CERTIFICATION

By submitting this ITB, the offeror certifies that the proposing company and/or its principals have not been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction by any federal or state department or agency and that the offeror complies with all applicable orders, rules and regulations related thereto.

Further, by submitting this ITB, the offeror certifies that all lower tier participating individuals and/or company(s) and all respective principals of lower tier participants have not been suspended, excluded, disqualified, debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction by any federal or state department or agency and that the offeror complies with all applicable orders, rules and regulations related thereto.

The certification placed herein is a material representation of fact upon which reliance will be placed as ITB submissions are evaluated and any transaction is entered into. If it is later determined that the prospective offeror has knowingly rendered an erroneous certification, the DCSD may pursue all available remedies, including but not limited to suspension and/or debarment.

The prospective offeror shall provide immediate written notice to the DeKalb County School District Operations Division Procurement Department if at any time the prospective offer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The prospective offeror agrees by submitting this form that, should the proposed transaction be entered into, the prospective offeror shall not knowingly enter into any lower tier transaction with a person or entity that is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this transaction.

By signing and submitting this form, the offeror is providing the certification set out above.

Signature of Engaging Official: ______Date: ______(Offeror Company Name/Certifying Official Signature)

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ATTACHMENT I: BID FORM STANDARD FORM OF CONTRACT FOR SERVICES

DeKalb County Board of Education Sam A. Moss Service Center 1780 Montreal Road Tucker, Georgia 30084

In compliance with your Invitation to Bid and the Bidding Documents (defined herein), the undersigned Bidder,

______, [legal name of Bidder]

______

______, [address of Bidder]

______, [telephone number of Bidder]

______, [email address of Bidder]

having carefully examined the Bidding Documents, including the proposed contract documents and any Addenda thereto, for Project: Gym Floor Maintenance, Repair, Recoat and Re-finishing Services proposes and agrees, if this bid is accepted, to enter into a contract with the Owner in the exact form identified in the Invitation to Bid and to perform the Work including all services, supervision, labor, equipment and material in conformance with the Contract Documents, in the time stated, and submits the following proposed Unit Prices that will be inserted into Exhibit A of the contract as set forth below: The undersigned Bidder further agrees to the following Unit Prices as provided for in the contract documents: A. Please provide a unit price per square foot to recoat and re-finish the following facilities: Description Quantity Unit Total Price MIDDLE SCHOOLS AVONDALE MIDDLE SCHOOL 10800 SF $ BETHUNE MIDDLE SCHOOL 10800 SF $ CEDAR GROVE MIDDLE SCHOOL 11220 SF $ CHAMBLEE MIDDLE SCHOOL 10800 SF $ CHAMPION THEME MIDDLE SCHOOL 11000 SF $ CHAPEL HILL MIDDLE SCHOOL 11000 SF $ COLUMBIA MIDDLE SCHOOL 10800 SF $ FREEDOM MIDDLE SCHOOL 10812 SF $ HENDERSON MIDDLE SCHOOL 12400 SF $ LITHONIA MIDDLE SCHOOL 11088 SF $ MILLER GROVE MIDDLE SCHOOL 11500 SF $ PEACHTREE MIDDLE SCHOOL 11600 SF $ REDAN MIDDLE SCHOOL 11526 SF $ SALEM MIDDLE SCHOOL 9900 SF $ SEQUOYAH MIDDLE SCHOOL 11750 SF $ SHAMROCK MIDDLE SCHOOL 11500 SF $

Bid Form – Standard Form of Contract for Services 10.2014(No Bid Bond) DeKalb County School District ITB No. 17-752-015 Gym Floor Maintenance, Repair, Recoat and Re-finishing Services Project # Not Applicable April 13, 2017 Page 30 of 35

STEPHENSON MIDDLE SCHOOL 10700 SF $ STONE MOUNTAIN MIDDLE SCHOOL 11000 SF $ TUCKER MIDDLE SCHOOL 10100 SF $ MCNAIR MIDDLE SCHOOL 11413 SF $ HIGH SCHOOLS ARABIA MOUNTAIN HIGH SCHOOL 12768 SF $ AVONDALE HIGH SCHOOL 11781 SF $ CEDAR GROVE HIGH SCHOOL 12084 SF $ CHAMBLEE HIGH SCHOOL 13078 SF $ CLARKSTON HIGH SCHOOL 11286 SF $ COLUMBIA HIGH SCHOOL 11200 SF $ CROSS KEYS HIGH SCHOOL 10647 SF $ 10584 SF $ 10944 SF $ LAKESIDE HIGH SCHOOL 10355 SF $ 13098 SF $ MARTIN LUTHER KING JR. HIGH SCHOOL 1460 SF $ RONALD MCNAIR HIGH SCHOOL 10545 SF $ MILLER GROVE HIGH SCHOOL 10700 SF $ 19153 SF $ SOUTHWEST DEKALB HIGH SCHOOL 11330 SF $ 13800 SF $ 11100 SF $ 10961 SF $ Part A Total $

Part B: Provide a unit cost per square foot for repair work.

______dollars ($______/SF) (written in words)

Part C: Provide a unit cost per square foot to sand, seal, finish and repaint athletic lines.

______dollars ($______/SF) (written in words)

The Bidder understands that the Owner reserves the right to reject any or all Bids, and to waive technicalities and informalities.

The Bidder understands that the Bidder shall be responsible for obtaining all federal, state and local permits required for the Project.

The Bidder agrees that this Bid may not be revoked or withdrawn for a period of ninety (90) days after the date and time of Bid opening, but shall remain open for acceptance for a period of sixty (60) days following Bid opening.

By submission of this Bid, the Bidder certifies that this Bid has been derived independently, without consultation, communication or agreement as to any matter relating to this Bid with any other Bidder or with any competitor. The Bidder hereby certifies that this Bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same Work and is in all respects fair and without collusion or fraud. The Bidder understands that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. The Bidder agrees to abide by all conditions of the Bid.

Bid Form – Standard Form of Contract for Services 10.2014(No Bid Bond) DeKalb County School District ITB No. 17-752-015 Gym Floor Maintenance, Repair, Recoat and Re-finishing Services Project # Not Applicable April 13, 2017 Page 31 of 35

The full names, titles and addresses of persons and firms interested in the foregoing Bid as principals are as follows:

NAME TITLE ADDRESS

______

______

______

Respectfully submitted,

______[typed name of Bidder]

By: ______[seal] [signature]

______[typed name and title] ______[address of Bidder] (_____)______[business telephone number] ______[date of execution]

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ATTACHMENT J: IMMIGRATION AND SECURITY CERTIFICATION

If you are providing service, performing work or delivering goods to the DeKalb County Board of Education/DeKalb County School District including, but not limited to schools, warehouses and central offices, the applicable Georgia Security and Immigration Compliance documents found here must be completed, signed, notarized and submitted with your bid/proposal. Failure to provide this document with your bid/proposal will result in the disqualification of the bid/proposal.

1) Offeror/Bidder shall at all times comply with the Georgia Security and Immigration Compliance Act, as amended, O.C.G.A. § 13-10-90 et. seq.

2) In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act, as amended by the Illegal Immigration Reform Act of 2011, O.C.G.A. § 13-10-90 et. seq. (collectively the “Act”), the Offeror MUST INITIAL the statement applicable to Offeror below:

(a) ______(Initial here): Offeror/Bidder warrants that, Offeror/Bidder has registered at https://e-verify.uscis.gov/enroll/ to verify information of all new employees in order to comply with the Act; is authorized to use and uses the federal authorization program; will continue to use the authorization program throughout the contract period; Offeror/Bidder further warrants and agrees Offeror/Bidder shall execute and return any and all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1- .01 et. seq. [Offerors/Bidders who initial (a) must attach and return a signed, notarized Contractor Affidavit and Agreement with the Contract if awarded]; or

(b) ______(Initial here): Offeror/Bidder warrants that he/she does not employ any other persons, and he/she does not intend to hire any employees or to perform the Contract. [Offerors/Bidders who initial (b) must attach and return a signed, notarized Affidavit of Exception with the Contract if awarded];

or (c) ______(Initial here) Offeror/Bidder is an individual who is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing when such contract is for services to be rendered by such individual and thus does not have to provide an affidavit.

3) _____ (Initial here) Offeror/Bidder will not employ or contract with any subcontrator in connection with a covered contract unless the subcontractor is registered, authorized to use, and uses the federal work authorization program; and provides Offeror/Bidder with all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et. seq.

4) _____(Initial here) Offeror/Bidder agrees that, if Offeror/Bidder employs or contracts with any sub-contractor in connection with the covered contract under the Act and DOL Rules 300- 10-1-.01, et seq that Offeror/Bidder will secure from each sub-contractor at the time of the contract the sub-contractor’s name and address, the employee-number applicable to the sub- contractor, the date the authorization to use the federal work authorization program was granted to sub-contractor; the subcontractor’s attestation of the subcontractor’s compliance with the

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Act and Georgia Department of Labor Rule 300-10-1-.01, et seq.; and the subcontractor’s agreement not to contract with sub-subcontractors unless the sub-subcontractor is registered, authorized to use, and uses the federal work authorization program; and provides subcontractor with all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et. seq.

5) ______(Initial here) Offeror/Bidder agrees to provide the DeKalb County School District with all affidavits of compliance as required by O.C.G.A. § 13-10-90 et seq. and Georgia Department of Labor Rules 300-10-1-.01, et seq within five (5) business days of receipt.

______Signature Date

______EEV/Basic Pilot Program Date of Authorization User Identification Number

Firm Name: ______

Street/Mailing Address: ______

City, State, Zip Code: ______

Telephone Number: ______

Email Address: ______

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______DAY OF______, 20____

Notary Public

My Commission Expires:

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ATTACHMENT K: BID DELIVERY LABEL

DELIVER TO:

DeKalb County Board of Education Attn: Procurement Manager Sam A. Moss Service Center 1780 Montreal Road Tucker, Georgia 30084

SEALED BID – DO NOT OPEN (affix to package)

ITB No: 17-752-045

ITB Title: Gym Floor Maintenance, Repair, Recoat and Re-finishing Services

Due Date/ Time: May 11, 2017, no later than 2:00 PM

Submitted by:

Vendor Name:

Address:

DeKalb County School District ITB No. 17-752-015 Gym Floor Maintenance, Repair, Recoat and Re-finishing Services Project # Not Applicable April 13, 2017 Page 35 of 35

ATTACHMENT L: NO SUBMITTAL RESPONSE FORM ITB Number: 17-752-045 DCSD Project No.: Not Applicable Title: Gym Floor Maintenance, Repair, Recoat and Re-finishing Services

If your company will not be submitting a Bid in response to this Invitation to Bid, please complete this form and return or fax, prior to the ITB due date established within to:

DeKalb County Board of Education (the “Board”) Sam A. Moss Service Center - Procurement Services Attention: Procurement Manager 1780 Montreal Road Tucker, Georgia 30084-6705 Fax (678) 676-1475

This information will assist Procurement Services in the preparation of future ITBs.

Company Name: ______

Contact: ______

Address: ______

Telephone: ______Fax: ______

Email:______

Please check reason for a “no submittal.”

_____ Specifications ‘too tight,” geared toward one brand or manufacturer (explain below)

_____ Insufficient time to respond

_____ Specifications unclear (explain below)

_____ We do not offer this service or an equivalent

_____ Our schedule does not permit us to perform

_____ Unable to meet specifications

_____ Unable to meet bond requirements

_____ Unable to hold prices respondent throughout the term of the contract period

_____ Unable to meet insurance requirements

_____ Other

Explanation:

______

If submitting this form, only this form needs to be returned.